Saturday, March 7, 2009

All Appropriate Inquiry - Phase I ESA for Forest and Rural Properties

In December 2008, the U.S. Environmental Protection Agency (“EPA”) issued a final rule amending the standards and practices for “All Appropriate Inquiries” under the CERCLA. The changes now to allow the limited use of ASTM E2247-08 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.” The rule applies to conducting a site characterization or assessment on a large forested or rural property with a brownfields grant and will become effective on March 23, 2009. However, EPA also published a separate proposed rule proposing the same change to the All Appropriate Inquiries regulations.

Conducting environmental site assessments for large tracts of forested or rural lands presents a challenge to strict adherence to the ASTM Standard Method for Phase I environmental site assessments (ASTM E 1527-05). The final rule and the proposed change to the All Appropriate Inquiry requirements will benefit organizations purchasing large tracts of forested lands or large rural properties that may want to claim landowner liability protections as innocent landowners, bona fide prospective purchasers, or contiguous property owners.

[Read more about Landowner Liability Protections – LLPs]
[Read more about All Appropriate Inquiry under CERCLA]

Caltha LLP provides specialized expertise to clients nationwide in the environmental due diligence, environmental site assessment, and environmental liability evaluations.

For further information contact Caltha LLP at
Caltha LLP Website

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